Lawsuit Charges Wisconsin Voter ID Law Violates State Constitution

The controversial voter ID law signed by Wisconsin Gov. Scott Walker (R) violates "right to vote" provisions of the Wisconsin state constitution, opponents of the law preparing to file a lawsuit in state court argue.

The Journal Sentinelreports that the League of Women Voters of Wisconsin will file suit against the law in Dane County Circuit Court on Monday.

Republicans said that they were careful not to violate the federal or state constitution when they wrote the law and said photo ID opponents are planning to sue in state court because they recognize that a federal lawsuit wouldn't go very far, the newspaper reported.

"It is absolutely clear that the Legislature paid no attention to the (right to vote) provisions of the Wisconsin Constitution when it passed voter ID," Lester Pines, an attorney for the League, told the newspaper. "I'm not aware of any point in which they came up."

"If anyone is denied the right to vote, that's a big deal because that's an absolutely fundamental right," Pines said.

Wisconsin's state constitution says that "every United States citizen age 18 or older who is a resident" of the state may vote in their district. Under the constitution, the legislature may restrict that right by passing laws requiring voter registration, proof of residency, and to prevent felons and the mentally incompetent from voting, according to the newspaper. It makes no explicit reference either to allowing or prohibiting a law regarding photo IDs.